Selvaradjou v. Chamber De Commerce

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10-11-2025

CORAM

THE HONOURABLE MR.JUSTICE S. SOUNTHAR CRP No. 5474 of 2025

1. Selvaradjou S/o. Late Chandran, No.12-A, Theppakulam Street, Electricity Department Back Side, Vambakeerapalayam, Pondicherry 605 001.

2. Selvam S/o. Late Chandran, No.66, Angalamman Koil Street, Vambakeerapalayam, Pondicherry 605001.

3. Latha D/o. Late Chandran, W/o. Late Gurunathan, No.66, Angalamman Koil Street, Vambakeerapalayam, Pondicherry 605001.

4. Marimuthu D/o. Late Chandran, Res. at No.14, Muthumariamman Koil Street, Vambakeerapalayam, Pondicherry 605001.

5. Radha @ Lakshmi D/o. Late Chandran, W/o. Late Arumugam, No.66, Angalamman Koil Street, Vambakeerapalayam, Pondicherry 605001.

6. Anjali D/o. Late Chandran, W/o. Vinagayam, No.66, Angalamman Koil Street, Vambakeerapalayam, Pondicherry 605001.

Petitioner(s) Vs

1. Chamber De Commerce A registered Society, rep. by its president, S.Gunasekaran, S/o.

N.Subramanian, Office at No.1, Rue Suffren, Puducherry.

2.Honesty Engineers and Contractors Trust Rep. by its Managing Trustee Apoorva Joshi, Office at No.123, S.V.Patel Salai, Puducherry 605001.

3.Kathiravan Furnitures Rep. by Mr. Sivashanmugam and S.

Sivaraman, No.7, Subbaiah Salai, Puducherry 605001.

Respondent(s)

PRAYER: Civil Revision Petition filed under Article 227 of Constitution of India to set aside the Decreetal order passed by the Learned Principal District Judge at Puducherry in IA No.5/2025 in C.O.S.No.1/2023 dated 18.07.2025. For Petitioner(s):

Mr.T.SHANMUGAM

ORDER

This civil revision petition is filed, challenging the order passed by the Trial Court, dismissing the application filed by the petitioners, seeking their impleadment in the suit filed by the first respondent against the 2 nd and 3 rd respondents herein.

2. The first respondent filed a suit seeking recovery of arrears of rent against the 2 nd and 3 rd respondents. According to the first respondent, there was lease arrangements between him and the 2 nd respondent and the 2 nd respondent committed default in payment of rent. Hence, he filed a commercial suit in C.O.S.No.1 of 2023 for recovery of arrears of rent. It was also stated that the nd respondent inducted the 3 rd respondent as sub tenant and hence, the 3 rd respondent was also impleaded in the suit, so as to recover the amount due to the 2nd respondent. In the said commercial suit, the petitioners herein filed the instant application in I.A.No.5 of 2025 to implead themselves as defendants 3 to 8 on the ground that they have got title over the suit property and hence, their presence is very much required.

3. The present suit in COS No.1 of 203 is filed only for recovery of arrears of rent and the suit was laid based on the lessor-lessee relationship. The petitioners are not party to the lease arrangement mentioned by the first respondent in the plaint. If the petitioners have got any independent right over the subject matter, they can very well work out their right in a separate suit. In the suit for recovery of arrears of rent filed by the first respondent, the court cannot go to the title of the suit property and adjudicate upon the claim made by the petitioners. Therefore, the Trial Court rightly dismissed the impleadment application filed by the petitioners and I do not find any error to interfere with the same.

4. Accordingly, this civil revision petition is dismissed, confirming the order passed by the Trial Court. There shall be no order as to costs. 10.11. 2025 Internet: yes Index: Yes/No MST To The Principal District Judge, Puducherry.

S.SOUNTHAR J.

MST 10.11.2025